Press Release
FOR IMMEDIATE RELEASE
Date: 12/04/2009

Contact person(s):

Media Coordinator, Terry Menshek (707) 565-3099 Media Spokesperson, Assistant District Attorney Diana E. Gomez

Santa Rosa, Sonoma County, California

All Defendants Held To Answer On Murder Charge

Sonoma County District Attorney Stephan Passalacqua announced today that following a six week preliminary hearing, Defendants Preston Khaoone, David Prak, Sarith Prak, Boonlak Chanpheng, and Tyrone Tay, were held to answer on charges of murder, kidnapping, and participating in a street gang. They were also all held to answer on special circumstances involving murder in the course of a kidnap and killing by a street gang member, and various allegations of the use and discharge of a firearm. Quentin Russell, a sixth defendant, was previously held to answer on the same charges. These crimes carry a penalty of death or life without the possibility of parole if convicted as charged.

Judge Gnoss additionally held Preston Khaoone, David Prak and Sarith Prak to answer on a special circumstance of killing while lying in wait. Quentin Russell was also previously held to answer on the special circumstance of killing while lying in wait.

The victim, Vutha Au, was the brother of Terry Au, the victim of an earlier attempted homicide, kidnap and torture, which occurred in October of 2007. On March 2, 2008, while awaiting trial on the case involving Terry Au, Vutha Au returned to Sonoma County where he was kidnapped, driven to Blind Beach near Jenner and shot and killed. These defendants and the defendants in the October 2007 case are all alleged to be members of the Asian Boyz street gang. Both Vutha and Terry Au had been relocated through the California Witness Relocation program and agreed to remain out of the area; however, Vutha Au had returned to Sonoma County when he was killed.

All defendants are currently being held in custody on no bail and will be arraigned on the Information December 17, 2009.